Can a reissue application be used to submit previously withheld information?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. While a reissue application can be used to submit previously withheld information, it cannot cure or remedy the original withholding if it constituted inequitable conduct. The MPEP 2012 states: “In cases where an applicant seeks to use a reissue application to submit previously withheld information, such as prior art references, the examiner should consider the information submitted with the reissue application and make appropriate prior art rejections where warranted.” However, it’s important to note that submitting the previously withheld information through a reissue application does not automatically resolve any issues related to the original withholding. The examiner will consider the new information in the context of the reissue application, but the act of submitting it does not erase any potential inequitable conduct that may have occurred during the original application process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reissue Application Inseparable from Original Patent for Fraud and Duty of Disclosure Issues MPEP 2012 Reissue Application Should Not Be Allowed Due to Fraud During Prosecution MPEP 2012 Recommended Examination of Resissue Applications Involving Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure MPEP 2012 Fraud in Original Application Affects Reissue MPEP 2012 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Reissue Applications Before September 16, 2012 Require No Deceptive Intent MPEP 2012 Fraud Cannot Be Purged Through Reissue Process MPE...